Leslie Dominic Musgrove v. United States
Question # 1
Whether it is a Sixth Amendment and Due Process violation for a judge
at sentencing to attribute acquitted and relevant conduct by a preponderance
of the evidence. That exceeds the affirmative finding found by a jury beyond
a reasonable doubt in a special drug verdict form that established a quantity
of drugs and not a statutory range of drugs. Given this Court's recent ruling
in Nelson v. Colorado, 137 S. Ct. 1249, 197 L. Ed. 2d 611 (2017) and the
9th Circuit's holdingin Pimentel-Lopez, 28 F.3d 1173 (2015).
Question # 2
Whether it was a violation of Petitioner's Fifth and Sixth Amendment
and right to conflict free attorney. At a post trial/pre appeal hearing where
"critical stage attaches". Where Petitioner, filed an ineffective assistance
of counsel claim against his trial attorney and at the post trial/pre appeal
hearing for I.A.C. Petitioner was represented by the same attorney that he
had filed the I.A.C. against. And, the District Court made a finding on the
record off of the hearing.
whether-it-is-a-sixth-amendment-and-due-process-violation-for-a-judge-at-sentencing-to-attribute-acquitted-and-relevant-conduct-by-a-preponderance-of-the-evidence-that-exceeds-the-affirmative-finding-found-by-a-jury-beyond-a-reasonable-doubt